Built Heritage and Planning

Objective

To protect and promote appreciation of the built heritage and to provide a policy and legislative framework which facilitates and encourages development patterns consistent with the principles of proper planning and sustainable development, balanced regional development, conservation of the natural and built environment, quality in construction and urban and village regeneration.

Conservation and Protection of the Built Heritage – Legislative & Policy Framework

In July 2006, the Minister announced the legal establishment of the Irish Heritage Trust Limited with a mandate “to acquire properties of significant heritage value where there is a risk to such value, so as to provide for their proper conservation, maintenance and presentation; their public enjoyment and appreciation; and public access to them in perpetuity”. The Trust operates as a charity and has a remit to maximise non-Exchequer resources in support of its activities. It also operates under a strong commercial ethos to build up income from individual membership, corporate support, commercial ventures and to encourage the involvement of volunteers.

The Working Group, established by the Minister in 2005, to consider the Viking site discovered at Woodstown, Co Waterford, issued an interim report in June 2006. The main recommendation was for a supplementary research project on the site. The project will review all available information, including archaeological assessments and investigations, and undertake targeted excavations to facilitate the Working Group reporting further on the site’s nature, extent and significance. The tender was awarded for this project in December 2006.

Funding was provided by the Department to support a range of projects/programmes in relation to the conservation and protection of the built heritage during 2006, including:

• €0.6 million to support the network of Conservation Officers in Local Authorities – aim is to almost double this contribution in 2007;
  
  
• €6.7 million to Local Authorities under the Protected Structures Grants scheme contributing towards the conservation of buildings on the register of Protected Structures;
  
  
• €1.2 million to OPW Historic Properties for conservation works to their portfolio of historic properties including Phoenix Park, St Enda’s Rathfarnham;
  
  
• €8.1 million to conservation works to properties in trust/private ownership including €1.26 million to Waterford City Council for the conservation of the Medieval City Walls. Progress was also recorded during the year on the capital works programme involving conservation works to significant heritage outside of direct State care, including: Duckett’s Grove, Co Carlow, Westport House and Russborough House, some of which are funded through the Heritage Council;
  
  
• Grant in Aid to the Heritage Council of €10 million for the Buildings at Risk and other grant schemes and their administrative expenses;
  
  
• €0.48 million in respect of projects under the NDP 2000-2006 in relation to the scheme of EU co-financed grants for the conservation of the architectural heritage. [The Scheme is part of the Urban and Village Renewal Programme Development Plan and is supported by the EU under the Regional Operational Programmes for the BMW and SE Regions. Support is provided for local authorities, Civic Trusts, and other “not for profit” bodies to upgrade buildings of significant architectural and heritage merit, which are in public ownership or open to the public generally.] The scheme continues to be oversubscribed with the quality of applications improving each year.

In addition to providing ongoing archaeological advice to the OPW on the conservation of 750 monuments in State care, the following initiatives were undertaken in 2006:

• capital works were progressed at numerous sites including the Rock of Dunamaise, Co. Laois and Nenagh Castle, Co Tipperary;
  
  
• some €0.45 million was provided to fund the OPW’s apprenticeship scheme to ensure that traditional craft and other building skills are retained.

Work on legislation to consolidate and update the National Monuments Acts progressed during the year and a Regulatory Impact Analysis is also being prepared.

Identification, Assessment and Public Awareness of the Built Heritage

The Department provided quality and timely responses to planning authorities and An Bord Pleanála in relation to some 7,000 of the 12,000 development applications, referred to the Department, affecting the built and natural heritage during 2006. Ministerial recommendations also issued to five local authorities for the inclusion of 6,318 structures on their Record of Protected Structures.

One site in Galway was registered as a historic monument during 2006 and two Preservation Orders were made (16 Moore Street, Dublin 1 and an area of Kilkenny City Walls).

Surveys, inventories, excavations etc. on the built heritage progressed as follows:

• 1,088 excavation reports were submitted to the Department;
  
  
• 30 Ministerial directions issued relating to archaeological excavations on specific roads approved by An Bord Pleanála and some 140 Ministerial consents issued to carry out other works in relation to national monuments;
  
  
• 1,664 licences issued for archaeological excavations, geophysical investigations, for use of detection devices and for dives/surveys on sunken wrecks to ensure best practice and high professional standards;
  
  
• 5 rescue excavations were undertaken to preserve archaeological features under threat of destruction or removal;
  
  
• a spatial update was completed on 10 county datasets as part of preparations for the issuing of the revised statutory Records of Monuments and Places;
  
  
• progress was made on archaeological inventories for 5 counties (Cork, Dublin, Kerry, Limerick, Tipperary South);
  
  
• the Peatlands Survey, which aims to identify and evaluate the archaeological potential of c. 4800 hectares of Bord Na Móna bogs, commenced;
  
  
• significant progress was made towards the publication of the Shipwreck Inventory for Counties Louth, Meath, Dublin and Wicklow - due to be published by mid-2007;
  
  
• the Department contributed €200,000 to the Royal Irish Academy (RIA) to manage research excavations and support RIA archaeological research;
  
  
• a pilot project was initiated to enable Local Authorities provide archaeological advice and expertise at local level (Mayo and Offaly County Councils to partake in the initial 1-year pilot in 2007);
  
  
• the Department, in agreement with Roscommon County Council, commissioned consultants to carry out a conservation study of the Rathcroghan Archaeological complex. Consultation phases were completed in November 2006 and the study will be finalised in early 2007.

Guidance also issued/was prepared regarding the protection/conservation of the built heritage including:

• a public information booklet on the procedures involved when proposing to carry out development work, which might affect the archaeological heritage – ‘Archaeology in the Planning Process’ was prepared;
  
  
• a technical guide ‘Guidelines for Authors of Excavations Reports’ to provide archaeologists with a template for producing reports of their archaeological activities issued;
  
  
• ‘Guidelines for Archaeological Assessments’ were commenced; to be published in 2007;
  
  
• detailed guidance to local authorities and others on procedures for applying for directions and consents issued.

A number of projects were undertaken to heighten public awareness regarding the importance of the built heritage including:

• updating and improvement of the website - http://www.buildingsofireland.ie - achieving over 2,000,000 hits in 2006;
  
  
• significant progress made on developing an archaeology website which, in addition to providing general advice and guidelines in relation to the protection of archaeological heritage, will provide easy access to the Department‘s record of known sites and monuments. Website to be launched in Spring 2007;
  
  
• three illustrated county introductory National Inventory of Architectural Heritage books published;
  
  
• ‘St. Audoen’s Church, Cornmarket, Dublin: Archaeology and Architecture’ Archaeological Monograph Series: 2 published;
  
  
• National Heritage Week, which is promoted by the Heritage Council with funding provided by the Department, marked in September with some 800 events nationwide (guided tours, nature walks, music recitals, poetry reading, historical re-enactments, craft demonstrations etc.).

National Spatial Strategy and Balanced Regional Development

The Gateway Investment Priorities Study was launched by the Minister in October 2006. It presents an overview of NSS implementation progress in the 9 Gateways [The nine Gateway cities and towns are: Athlone/Mullingar/Tullamore, Cork, Dublin, Dundalk, Galway, Letterkenny/Derry, Limerick, Sligo and Waterford. The Hub towns are: Ballina/Castlebar, Cavan, Ennis, Kilkenny, Mallow, Monaghan, Tralee/Killarney, Tuam and Wexford.] and identifies key investment needs and mechanisms to feed into national policies and programmes. This study along with other spatial policy analysis provided significant input into the balanced regional development chapter of the NDP 2007-2013.

The Atlantic Gateways Initiative Report was published in September 2006. Directed jointly by the Department and Shannon Development, in collaboration with the relevant Regional Authorities, the report explores how the regional Gateway cities of Cork, Galway, Limerick and Waterford, through collaborative efforts, can produce a critical mass to secure more balanced regional development in the south and west. An Implementation Steering Group is now driving forward the implementation process.

The Government designated a new Strategic Development Zone at Balgaddy-Clonburris, South Dublin in July, with a net development potential of 140 hectares for residential and commercial uses. The planning scheme is currently being drafted by South Dublin County Council.

Building on continued co-operation on spatial planning and infrastructural investment to facilitate enhanced competitiveness across the island of Ireland, the Department is progressing, with its Northern Ireland counterparts, a framework for collaborative action between the NSS and the Northern Ireland Regional Development Strategy. This is to be finalised by mid-2007. Specific cross-border initiatives are also being advanced, including the spatial planning framework to support the Northwest Gateway Initiative and the Dundalk-Newry Twin-Town initiative.

The International Centre for Local and Regional Development (ICLRD) published Spatial Strategies for the Island of Ireland: Towards a Collaborative Approach in November 2006. In order to build on the findings of the study and facilitate evidence-based policy development, the Department has provided €75,000 in funding to further assist the ICLRD’s research programme for 2007.

Research was also completed in 2006 on population growth scenarios, taking account of data emerging from Census 2006, to feed into regional and local spatial planning analysis.

Planning Legislative and Policy Framework

The Planning and Development (Strategic Infrastructure) Act 2006 was enacted in July 2006. The new streamlined consent provisions (to be rolled out in January 2007) apply to, among other things, major electricity transmission lines and interconnectors, strategic gas infrastructure development, major power stations, wind farms, LNG facilities and gas storage facilities.

The Planning and Development Regulations 2006 were signed by the Minister in December 2006 and will be commenced on 31 March 2007. These update and simplify the existing planning application system by removing any unnecessary administrative obstacles and prescribe a new standard planning application form for use throughout all 88 planning authorities across the country.

Wind Energy Development Guidelines for planning authorities were launched in June 2006. These are designed to ensure consistency of approach to wind energy developments throughout the country and to provide clarity to prospective developers and local communities.

The public consultation process initiated in November 2005 on the Draft Development Management Guidelines was completed. The Guidelines have a strong customer service focus and will promote best practice in the processing of planning applications, covering all aspects, from pre-application to the grant or refusal of permission.

Following public consultation Draft Guidelines on Development Plans for Planning Authorities are being finalised for publication early in 2007. The guidelines set out good practice and seek to make development planning more consistent across the country in terms of content and process.

Substantial work has been completed on the preparation of Draft Guidelines on Public Safety Zones, restricting development in designated zones around the three state airports – Cork, Dublin and Shannon – as approved by Government in 2005.

Following a consultation process involving input from the public, industry representatives and other key stakeholders, the Department prepared new regulations providing exemptions for planning permission, subject to certain conditions, for certain classes of micro-renewable technologies, i.e. small wind turbines, solar panels, heat pumps, and biomass heating systems. The Regulations are to be published in the first quarter of 2007.

In November 2006 the European Court of Justice ruled that Ireland was entitled to set fees for making observations on planning applications, and planning appeals, involving environmental impact assessment (EIA). The fees (€20 for a planning application and €50 for an appeal) for third party submissions or objections were introduced under the Planning and Development Act 2000 as a means of enhancing the quality of service available to the public from planning authorities.

The Department continued to support and facilitate the operation of the Tribunal of Inquiry into Certain Planning Matters and Payments and the cost of the Tribunal in 2006 was €16.2 million.

Urban/Town/Village Renewal Programmes

The Urban Renewal, Town Renewal and Living over the Shop tax incentive schemes continued to benefit many towns and villages, with heightened development activity aimed at completion of projects before the availability of full reliefs expired at the end of the year. Tax reliefs under the three schemes have been extended on a reducing basis, subject to certain conditions, from July 2006 to July 2008, for projects already in the pipeline. Overall, it is anticipated that total eligible investment in designated areas under these schemes will amount to between €5 billion and €6 billion.

Nearly 700 communities entered the Tidy Towns Competition in 2006 and Westport, Co. Mayo won the overall title for the second time. Birdhill, Co. Tipperary, Aughrim, Co. Wicklow and Ennis, Co. Clare received the awards for Tidiest Village, Tidiest Small Town and Tidiest Large Urban Centre respectively.

Approval issued to a further 190 projects and grant funding of €18.7 million was paid during the year under the EU/Exchequer co-funded Urban and Village Renewal Measure of the Regional Operational Programmes. All projects planned under the Programme have now been approved and are underway.

Grants totalling €4.587 million were paid through the 6 County Council-led Task Forces in the border counties under the EU/Exchequer co-funded Programme for Peace & Reconciliation in Northern Ireland and the Border Counties (PEACE II).

High Quality, Sustainable Design and Construction

Regulations transposing the requirements of Building Energy Certification into Irish law were made in December 2006, as required by the EU Directive 2002/91/EEC on the Energy Performance of Buildings, thus contributing to Ireland's commitments under the Kyoto Protocol to limit greenhouse gas emissions by 2012.

The amended Part L (Conservation of Fuel and Energy) of the Building Regulations and the related Technical Guidance Document L came into effect from 1 July 2006. This amendment increases the thermal performance and insulation standards of non-residential buildings and provides for the introduction of a building energy performance assessment methodology for new dwellings, as required under EU Directive 2002/91/EEC.

The Building Control Bill 2005 was amended by the Select Committee on the Environment and Local Government on 11 October 2006. The Bill, when enacted, will strengthen the enforcement powers of local building control authorities; introduce a Disability Access Certification system for non-domestic buildings and apartment blocks; provide for the registration of “Architects”, "Quantity Surveyors" and "Building Surveyors" in the interest of consumer protection; and provide for the implementation of the relevant articles of the consolidated EU Directive 2005/35/EC on the Mutual Recognition of Professional Qualifications.

A comprehensive review of Part M (Access for People with Disabilities) of the Building Regulations and the accompanying Technical Guidance Document M was initiated by the Minister in accordance with the commitment given in the Department's Outline Sectoral Plan under Section 36 of the Disability Act 2005. A draft document will emerge from this review for public consultation.

Part B (Fire Safety) of the Building Regulations and Technical Guidance Document B was amended with effect from 1 June 2006, primarily to transpose new EU fire performance standards into Irish Law.

The Building Regulations Advisory Body (BRAB) advised the Minister in 2006 on revisions to Part G (Hygiene) and Technical Guidance Document G as well as on the review of Part M (Access for People with Disabilities) of the Building Regulations.

The Department continued to work in 2006 - in consultation with the Irish Timber Frame Manufacturers Association (ITFMA) and the National Standards Authority of Ireland (NSAI) – on an Irish Standard Code of Practice for Timber Frame Construction.

The Minister presented the Most Sustainable Building Award, sponsored by the Department, to the Falls Leisure Centre, Belfast. This was one of the eight categories on the Irish Architecture, 2006, Special Awards.